The Insiders Guide to Legal Skills

Description

Confused by cases? Stuck on statutes? Or just unsure where to start with writing, research or revision? The Insider’s Guide to Legal Skills will show you what you need to succeed, applying skills in their real-world context and helping you get to grips with legal method and thinking. Making use of problem-based learning and examples throughout, the fully updated second edition of this practical and accessible guide will provide you with a clear guide to skills within the law degree, including online learning. It will show you how to make the most of these skills in assessment and also help you to see their importance to a future legal career. Designed for students who want a clear overview of what a law degree is all about, the book has been built on the skills curriculum, and is a suitable text for Legal Skills, Methods and Reasoning courses as well as a general introduction to law, or pre-reading for those considering a law degree. Cover Half Title Title Copyright Contents Authors’ note 1 Meet our friends . . . 2 Online learning: breakouts, chat and staying focused 2.1 Introduction 2.2 Student experience 2.2.1 Virtual student experience 2.2.2 Mixed mode educational experience 2.2.3 Netiquette for online learning 2.3 Managing different platforms 2.4 Managing your timetable 2.5 Managing different time zones 2.6 Student wellbeing 2.7 Online library 2.7.1 Using E-books 2.8 Virtual learning environment (VLE) 2.9 Online assessments 3 Academic and university survival skills: standing on your own two feet 3.1 Introduction 3.2 Lectures and tutorials – how will I be taught? 3.2.1 Teaching mash-ups 3.2.2 What do your lecturers want from you? 3.2.3 Frustrating behaviour in tutorials 3.3 Communicating with academics 3.4 Academic advisors 3.5 Note-taking 3.5.1 When will I be taking notes? 3.5.2 Lectures 3.5.3 Handwritten or typed? 3.5.4 Secret code 3.5.5 Get visual! 3.5.6 Consolidation 3.6 Time management 3.7 Avoiding procrastination and time management 3.7.1 What happens when something unexpected happens? 3.7.2 Time management and revision 3.7.3 Time management and coursework 3.8 Working with others 3.9 Staying in love with law 4 Your guide to the English legal system: order, order! 4.1 Introduction 4.2 How has our legal system developed? 4.2.1 The common law system 4.2.2 Equity 4.2.3 Common law v equity 4.3 Common v civil system of law 4.4 Who creates the law and what are the different sources of law? 4.4.1 Public v private 4.4.2 Civil v criminal 4.4.3 European law 4.4.4 Human rights law 5 Sources of law: the tools of your trade 5.1 Legislation: primary source 5.1.1 Statutory interpretation 5.2 Case law: primary source 5.2.1 Law reports 5.2.2 Hierarchy of law reports 5.2.3 Print v online 5.2.4 The doctrine of judicial precedent 5.2.5 The operation of the doctrine of judicial precedent: ratio and obiter 5.2.6 Hierarchy of the courts 5.2.7 What can happen to a precedent? 5.2.8 Top tips on how to read a case 5.3 Journals: secondary source 5.4 Books: secondary source 5.5 Encyclopaedias: secondary source 6 Legal research: digging deeper 6.1 Introduction 6.2 What will you be looking for? 6.3 Books on the shelf or online? 6.4 Using Google and free resources 6.5 Keeping up to date: current awareness 6.6 Legal database overview 6.6.1 There are so many! How do I know which one to choose? 6.6.2 Feeling lazy? 6.6.3 What type of research might I be doing? 6.6.4 Getting down to it: simple v complex searching 6.6.5 Choosing keywords 6.6.6 Natural language v connectors 6.6.7 Master the commands 6.6.8 And/or 6.6.9 Phrase searching 6.6.10 Truncation 6.6.11 Wild card 6.6.12 Proximity 6.6.13 Let’s see this in action! 6.6.14 What do you think of the research strategies taken by Brodie and Ashwin? 6.7 Keeping a record of your research 6.7.1 Tools to help 6.7.2 In practice 7 Legal writing: weaning off ‘like’ and ‘innit’ 7.1 Introduction: where to begin and some initial advice 7.1.1 A Goldilocks problem 7.2 The first challenge: prepare and plan 7.2.1 Popular approaches to planning 7.2.2 Problem question 7.2.3 Essay question 7.2.4 Example answer plans 7.3 The second challenge: preparing to write 7.3.1 To whom are you writing? 7.3.2 What are you writing? 7.3.3 Using your plan of action and research to write 7.3.4 Legal writing demystified 7.3.5 Editing 7.4 The third challenge: understanding the feedback and how to improve 8 Referencing and plagiarism: borrow don’t steal 8.1 Introduction 8.2 So, what exactly is plagiarism? 8.2.1 Sounds complicated – are there different types of plagiarism? 8.2.2 Not convinced? Four facts for would-be plagiarists 8.2.3 University plagiarism policies 8.2.4 Plagiarism and the legal profession 8.2.5 Plagiarism and the real world 8.2.6 Aesthetics of referencing 8.3 How do I actually reference? 8.4 Strange citation 8.4.1 Citing a case? 8.4.2 Citing a piece of legislation? 8.4.3 Citing a journal article? 8.4.4 Citing a book? 8.4.5 Citing a chapter in an edited book? 8.4.6 Citing from an encyclopaedia? 8.4.7 Citing a web resource? 8.4.8 Citing an online-only journal 8.4.9 Citing a newspaper? 8.5 Test yourself! 8.6 Are there other things I can do to avoid plagiarism? 8.7 The bibliography 8.8 Final thoughts 9 Mooting and public speaking: speaker’s corner 9.1 Introduction 9.2 Why moot? 9.3 Competitions and how do I get involved? 9.4 Mooting basics 9.5 What makes a good mooter? 9.6 Basics of mooting: how does it work? 9.7 Who does what? 9.7.1 Senior 9.7.2 Junior 9.8 Presented with a moot problem 9.9 Working through a moot problem 9.9.1 Read though the moot problem carefully 9.9.2 Decision of the lower court and how to start preparing your arguments 9.9.3 Who are you representing? 9.9.4 Research 9.9.5 The research steps for the first ground of appeal 9.9.6 The research steps for the second ground of appeal 9.9.7 Skeleton arguments 9.9.8 Preparing your bundle 9.9.9 The speech 9.9.10 Key phrases 9.9.11 Competitiveness at a moot 9.9.12 How to look good mooting 9.9.13 Look into my eyes 9.9.14 Modes of address 9.9.15 Saying it right 9.9.16 At the moot: where to sit 9.9.17 Judicial interventions 9.10 Want to explore more than just mooting? 9.10.1 Client interviewing competitions 9.10.2 Negotiation competitions 9.10.3 Mediation competitions 9.10.4 Debating competitions 10 Employability skills: learn to earn 10.1 Introduction 10.2 Standing out from the crowd 10.3 Opportunities for development 10.4 Identifying transferable skills 10.5 Career planning in challenging economic times 10.6 Commercial awareness 10.7 Raising your profile and brand through social media 10.8 Show it! 10.9 Take it! 10.10 Application forms 10.10.1 Application form top tips 10.11 Employ it! 11 Revision and exams: law, eat, sleep, repeat 11.1 Introduction 11.2 When are your exams? 11.3 What format will they take? 11.3.1 Closed book v open book exams 11.3.2 Take home exams 11.4 Planning for revision 11.4.1 Revision calendar top tips 11.4.2 Revision strategies . . . or what do you actually do when revising? 11.4.3 What to revise? 11.4.4 Should I buy revision books? 11.5 View from the examiner 11.6 Managing stress 11.7 Exam top tips 11.7.1 Before the exam 11.7.2 Deciding which questions to answer 11.7.3 The planning process 11.7.4 Writing your answer 11.7.5 After the exam Index